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HomeMy WebLinkAboutOrdinance 15873ORDINANCE NO. ~~~~~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 4, `CONSERVATION ("CD") OVERLAY DISTRICT" TO ADD ADDITIONAL STANDARDS FOR THE CREATION OF A CONSERVATION OVERLAY DISTRICT PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has many unique and distinctive residential and commercial areas that contribute significantly to the overall architectural and cultural character and identity of the city WHEREAS, the Texas Local Government Code authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures m designated places and areas of historic, cultural, or architectural importance and significance; WHEREAS, there are areas m the city where the application of overlay zoning could assist m the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas, WHEREAS, the City recognizes the need to preserve, protect, and enhance the value of these areas and wishes to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing their significant architectural or cultural attributes through the establishment of conservation districts, WHEREAS, rt is advisable to amend the current provisions to further protect and strengthen desirable and unique physical features and design characteristics of an area by reducing incompatible development and promoting new compatible development; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Chapter 4 Article 4 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add additional standards for the implementation of conservation overlay district to read as follows. ARTICLE 4 CONSERVATION ("CD ') OVERLAY DISTRICT 4.400. Purpose and Intent. The Crty of Fort Worth has many unique and distinctive residential and commercial areas that contribute significantly to the overall architectural and cultural character and identity of the city The City Council recognizes the need to preserve, protect, and enhance the value of these areas and wishes to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing their significant architectural or cultural attributes through the establishment of Conservation Distracts. 2. Section 211 003 of the Texas Local Government Code authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures m designated places and areas of historic, cultural, or architectural importance and significance. The Conservation District provides for the establishment of regulations concerning the conservation of existing buildings and new construction and their settings m designated places of architectural or cultural importance and significance. It is recognized that there are areas in the city where the application of conservation distract zoning could assist m the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas. 3 The provisions of this Article are intended. (a) To protect and strengthen desirable and unique physical features and design characteristics of an area, (b) To protect and enhance the livability of the Crty (c) To reduce incompatible development and promote new compatible development; (d) To encourage, foster and strengthen civic pride; (e) To encourage the stabilization of property and property values; and (f) To ensure the harmonious, orderly and efficient growth and development of the City 2 4.401 Zoning Classification 1 Designation is a means for property owners to initiate and implement programs for the conservation or revitalization of neighborhoods and commercial areas. The overlay distract and its regulations shall be applicable to each property within the district m addition to the regulations of the base underlying zoning classification where the property is located. 2. Any zoning district may be followed by the suffix 'CD indicating that such zoning distract is subject to the use and development regulations of both the designated distract and the Conservation Distract guidelines. 3 Designation of an area by the Crty Council as a conservation district ("CD") is intended as a zoning overlay which supplements the pramary underlying zoning distract classification. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the pramary zoning distract classification for the property 4 The height of structures and the minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, pramary zoning distract classification except where height and area regulations are specified in Conservation Distract design guidelines adopted by the Crty Council. 5 If there are any conflicts between the adopted guidelines of the Conservation Distract and any provision of the Zoning Ordinance, the provisions of the adopted guidelines of the Conservation Distract shall apply 6 If there are any conflicts between the provisions of this Article and any other provision of the Zoning Ordinance, the most restrictive regulation shall apply m the absence of a specific directive to the contrary 4.402. Criteria for Designation. uses 1 The proposed Conservation Distract must have consistent and definable physical characterastics that can be conserved by protecting or enhancing its architectural or cultural attributes, 2. The ma~oraty of the housing stock within the proposed Conservation Distract must be composed of consistent building types, 3 The proposed Conservation Distract area must contain at least one adjoining block face that includes both sides of the street; and 4 At least fifty-one percent of the land area m the proposed Conservation Distract must be presently improved. 4.403. Procedures for Designation of Property An application for a Conservation Distract overlay ("CD") zoning maybe initiated at the direction oP The request of the owners who collectively own more than fifty (50) percent or more of the individual tracts, parcels, or platted lots, to be located within the boundaries of the proposed distract; and the request of the owners who 3 collectively own fifty (50) percent or more of the land area, excluding streets and alleys, to be located wrthm the boundaries of the proposed district. Two or more platted lots developed together shall be counted as one lot. Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property shall be counted as one lot. 2 The Crty Manager the Zoning Commission, or the City Council. 4.404. Application. 1 An application fora `CD" zoning initiated by the City Manager the Zoning Commission, or the City Council shall be processed by the Planning Department. The Planning Department shall develop the Conservation District Guidelines for the proposed district as outlined m this Article. 2. An agent of a group that satisfies the requirements of Section 4.202 may file an application for 'CD" zoning with the Director of Planning on a form furnished by the department. Each owner representing fifty (50) percent or more of the individual tracts, parcels, or platted lots and (50) percent or more of the land area must sign the application. A copy of the proposed district guidelines must be provided to each property owner before the owner signs the application. Acknowledgment of the receipt of the proposed guidelines by each property owner must be indicated on the application. 3 An application for 'CD" zoning must include the following: a. An application fee equal to that required for 'HC" historic and cultural landmarks district applications. b Maps, including streets, alleys, lots and blocks at the scale of at least 1 inch=200 feet, indicating the area to be covered and 200 feet beyond. c. Graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed district, including: 1 A description of the prevalent architectural and cultural attributes of the area, 2. The common building height, size, roof line and principal elevation, 3 The common lot size and open space; 4 The prevalent front and side yard setbacks, 5 The prevalent fences, entrances, driveways, windows, garage placement and entry 6 Other common prevalent characteristics of the proposed district; and 7 An explanation of how and why such a classification would be m the best interests of the city as a whole. 4 d. A list of all neighborhood associations and/or other organizations representing the interests of the property owners in the proposed distract. This list should include the name, address, and telephone number of a contact person for each organization. e. Proposed guidelines for the Distract. 4 Applications deemed incomplete by the Planning Department shall be returned to the agent for the applicants within fourteen (14) calendar days of the mrtial application submission. An application shall be considered submitted when it is received by the Planning Department. The returned application shall include a letter prepared by the department with adequate instructions to inform the applicant of additional information required to complete the submission of the application. No action will be taken by the City on an incomplete application. 4.405. Conservation District Guidelines. 1 The Planning Department shall work with the applicants to prepare the Conservation Distract guidelines for the proposed distract. The guidelines will include, at a minimum, a wratten and graphic description of the goals, objectives, policies, and proposals for guiding the development of the area. 2. The guidelines shall establish the significant physical characteristics for structures and properties m the distract and shall include at least one of the following elements governing the physical, characteristics and features of all property within the proposed district: (a) Building height and number of stories, (b) Building material, (c) Building size; (d) Principal elevation, (e) Lot size; (f) Front, side, and rear yard setbacks, (g) Off -street parking and loading; (h) Roof tine and pitch, (i) Paving; (j) Accessory buildings, (k) Driveways; (1) Garages, (m)Densrty (n) Square footage; (o) Signage; (p) Architectural style; (q) Window dormer and door size; (r) Landscaping; (s) Fences, (t) Street layouts, (u) Parks, greenbelts or other natural characteristics, and (v) Land use patterns. 4 The proposed guidelines shall be submitted with the application to the Zoning Commission and the City Council. No Conservation District may be established in the city unless the Crty Council first approves the design guidelines for the district m accordance with this Article. 5 Copies of the approved guidelines shall be on file m the Development Department and m the Planning Department. 6 Design guidelines may be reviewed and modified by the Crty Council when requested by a property owner within the district or by Crty staff. Any modification of adopted design guidelines must be approved by the Crty Council following the same procedures used for promulgation of the original guidelines. The Board of Adjustment shall not have jurisdiction to grant any variance from design guidelines. Invalidation of any portion of the guidelines shall not affect the validity of any other portion. 4.406. Public Hearings. 1 At least fifteen (15) days prior to submission of the application to the Zoning Commission for consideration, the Planning Department shall hold a public meeting for the purpose of informing property owners m the proposed district of the submitted application for a Conservation District overlay and the proposed guidelines for the district. At least ten days prior to the public hearing, notices of the time and place of the meeting shall be mailed to all addresses of property owners and residents shown on the application, to any additional addresses of properties in the proposed district as shown on the last approved city tax roll, and to any registered neighborhood associations located within the proposed district. Notice may be served by depositing the same, properly addressed and postage paid, m the United States Mail. 2 Zoning Commission Hearing. No area shall be designated as a Conservation District without the recommendation of the Zoning Commission. The Zoning Commission shall conduct a public hearing on the proposed designation wrthm 45 days after receipt of the application for designation and the proposed guidelines by the Planning Department, or as soon thereafter as is reasonably practicable. The hearing shall be in the same manner and according to the same procedures for amending the zoning map as set forth m Chapter 3 Article 5 3 City Council Hearing. The Crty Council shall give notice and conduct its hearing on the Zoning Commission's recommendation concerning the proposed designation and guidelines wrthm 45 days of receipt of the 6 recommendation of the Zoning Commission, or as soon thereafter as is reasonably practicable. The Council shall review the design guidelines and shall approve the same, with or without modifications, at the public heanng on the proposed designation. The Crty Council shall give notice, follow the publication procedure, hold. the heansng, and make its determination m the same manner and according to the same procedures for amending the zoning map as set forth m Chapter 3 Article 5 4 If the owners of at least 20 percent of an area nominated for designation as a Conservation Distract protest such designation by submitting a wnstten, signed protest, the affirmative vote of at least 3/4 of all members of the Crty Council is required m order for the designation to take effect. 4.407 Recording of designations on zoning map Upon designation of an area as a Conservation Distract, the Crty Council shall direct that the designation to be recorded on the official zoning maps of the city All zoning maps shall indicate the property m the district with the suffix 'CD" m addition to the marks indicating the pramary underlying zoning distract classification indicating the such zoning distract is subject to the use and development regulations of both the designated distract and the Conservation Distract. 4.408. Filing of designation and guidelines in property records. Record of designation of an area as a Conservation Distract and the corresponding distract guidelines shall be recorded m the official property records of the county in which the property is located by the Planning Department. 4.409 Enforcement. Upon receipt of a building permit application for property within a Conservation Distract, the Building Official shall forward a copy of the building permit application to the Director of Planning for review and comment. No building permit shall be issued by the Development Department for any new construction or any alteration or addition to the extensor of an existing building or structure within a designated Conservation Distract without the submission and approval of design plans and the issuance of a Certificate of Appropriateness by the Director of Planning. All work performed pursuant to a Certificate of Appropriateness shall conform to any requirements included herein. It shall be the duty of the Piamm~g and Code Compliance Department to assure compliance. If work is performed that is not m accordance with the Certificate of 7 Appropriateness and verification by the Building Official, the Building Official shall issue astop-work order and all work shall immediately cease. No further work shall be undertaken on a project while astop-work order is m effect. 4.410. Appeal,, penalties. 1 Any owner dissatisfied with any action of the Planning Department, Code Compliance Department, or Building Official relating to the enforcement of the district guidelines shall have the right to appeal to the City Council within ten days after receipt of notification of such action, by filing a written notice of such appeal with the city secretary and the Planning Department. Such appeal shall be a de novo hearing concerning the matter m question. The Crty Council shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable. Notice of such hearing shall be published by the City Secretary m the city's official newspaper not less than the 15th day before the date of the hearing. Written notice shall be given to all property owners within the conservation distract no later than ten days before the date set for the hearing by depositing the same m the United States Mail. At the heanng, the owner and all interested parties will have the opportunity to be heard. The City Council shall uphold, reverse, or modify the decision of the Planning Department or Building wrthm 30 days of the appeal hearing unless the owner agrees to a continuance. 2 Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article shall be fined not more than $2,000 00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3 The provisions of this section shall apply m addition to other enforcement procedures or penalties, which are available at law or m equity SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 8 SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 13896 which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and cnmmal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 9 SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local Government Code. SECTION 7 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY Assistant i Attorney ADOPTED• 2- ~ U - ~ i~ EFFECTIVE ~/ 10